Sec. 301.051. TELEPHONE SOLICITATION REQUIREMENTS. (a) This section does not apply to a consumer telephone call made: (1) in response to the express request of the consumer; (2) primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call; or (3) to a consumer with whom the telephone solicitor has a prior or existing business relationship. (b) A telephone solicitor may not make a consumer telephone call to a consumer unless: (1) the telephone solicitor, immediately after making contact with the consumer to whom the call is made, identifies: (A) himself or herself by name; (B) the business on whose behalf the telephone solicitor is calling; and (C) the purpose of the call; (2) the telephone solicitor makes the call after 12 noon and before 9 p.m. on a Sunday or after 9 a.m. and before 9 p.m. on a weekday or a Saturday; and (3) for those calls in which an automated dial announcing device is used, the device disconnects the consumer's telephone line within the period specified by Section 55.126 , Utilities Code, after either the telephone solicitor or the consumer terminates the call.
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